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434 U.S. 878

Funchess v. Florida

Supreme Court of the United States

Decided October 3, 1977

Supreme Court of the United States · decided 1977-10-03

Relies on Gregg v. Georgia · Collins v. State · State v. Simants

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-03

How this case has been cited

Cited by 325 later decisions (5 by the Supreme Court) — most recently June 2019 · most notably Enmund v. Florida (1982), Pulley v. Harris (1984)

89 federal appellate · 17 district · 126 state decisions — followed in 25 states

197019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Sup. Ct. Fla.;

¶2C. A. 5th Cir.;

¶3Sup, Ct. Ark.;

¶4Sup, Ct. Neb.;

¶5Sup. Ct. Ark.;

¶6Sup. Ct. Fla.;

¶7Sup. Ct. Ga.;

¶8Sup. Ct. Ga.; and

¶9Sup. Ct. Fla. Certiorari denied. Reported below: No. 76-6717, 341 So. 2d 762; No. 76-6756, 546 F. 2d 1191; No. 76-6823, 261 Ark. 336, 548 S. W. 2d 135; No. 76-6933, 197 Neb. 549, 250 N. W. 2d 881; No. 77-5021, 261 Ark. 195, 548 S. W. 2d 106; No, 77-5083, 341 So. 2d 765; No, 77-5099, 238 Ga. 655, 235 S. E. 2d 375; No. 77-5155, 239 Ga. 67, 235 S. E. 2d 519; No. 77-5288, 348 So. 2d 312.

Mr. Justice Brennan and Mr. Justice Marshall

¶10dissenting.

¶11Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.

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